STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of Railroad Signalmen on the Chicago and North Western Railway Company that:
EMPLOYES' STATEMENT OF FACTS: This dispute arose as a result of the Carrier's action of requiring signal employes to perform work off their seniority district. Under Rule 35(a) of the Signalmen's Agreement, seniority rights of employes are confined to one seniority district. 'There are five seniority districts, with the two involved herein being the Northern, under the Communications and Signal Supervisor at Milwaukee, and the Northwestern, under the Supervisor at Madison.
Clamiants Jacobson, Hill and Hofbauer hold seniority rights on the Northwestern district. On September 10, 1963, Carrier required them to go off their district to Milwaukee to pick up material. As Milwaukee is off their seniority district, they submitted overtime slips for two (2) hours each at half-time rate of pay, on the basis they were entitled to such pay under Rule 20(a) of the Signalmen's Agreement.
The Supervisor advised claimants their claim was disallowed, so they referred the matter to the Organization's Local Chairman, who presented a claim to the Supervisor on September 22, 1963. The claim was subsequently handled in the usual and proper manner on the property, up to and including the highest officer of the Carrier designated to, handle such disputes, without receiving a satisfactory settlement. The correspondence that constitutes the handling of this dispute on the property is attached hereto as Brotherhood's Exhibit Nos. 1, 2, 3, 4, 5, 6 and 7. Not shown are letters involving the setting up of a conference.
There is an agreement in effect between the parties to this dispute, bearing an effective date of June 1, 1951, as amended, which is by reference made a part of the record in this dispute.
CARRIER'S STATEMENT OF FACTS: On the dates involved in the claim, claimants were regularly assigned to Camp Crew No. 1 with camp car located at Waukesha, Wisconsin. At the time the crew was engaged in an AFE job. For the information of this Board an AFE job is one involving capital improvements, financed in whole or in part from the capital account as distinguished from being charged to operating expenses. During the course of performing this work it became necessary to secure additional signal apparatus to complete the job on which they were working, and claimants took the company truck from Waukesha to Milwaukee to pick up this material, then returned to Waukesha with the material which was subsequently used in the performance of the AFE work.
Claimants were compensated at their regular hourly rate during the time spent traveling to and from Milwaukee, which was within their regular hours of assignment.
Claim has been presented in this case for an additional two hours at onehalf the respective hourly rate for the trip Waukesha to Milwaukee and return. Claim has been denied.
OPINION OF BOARD: Claimants' here were assigned to Camp Crew No. 1 at Waukesha, Wisconsin.
During the course of their work it became necessary to secure additional signal apparatus to complete the job on which they were working, and Claimants' took the company truck from Waukesha to Milwaukee to pick up this material, then returned to Waukesha with the material which was subsequently used in the performance of their work.
While performing this service, Claimants were compensated at their regular hourly rate during the time spent traveling to and from Milwaukee, which was within their regular assignment.
Claimants' here seek payment of two hours at one-half their respective rate for service off their assigned territory on the date in question far a period of 2 hours. It is a fact that Milwaukee is off the seniority district of the Claimants.
The record here shows Carrier paid a similar claim involving Camp Crew No. 1 in 1959.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: